Strategizing International Tax Best Practices – by Keith Brockman

Dutch TP decree

The Dutch Finance Secretary published a new transfer pricing (TP) decree, generally in alignment with OECD’s 2017 guidelines, with some caveats.

Observations:

  • The 2017 OECD changes were clarifying in nature, thus the guidelines apply to prior years
  • Aligned with OECD concept of (non) recognition of controlled transactions
  • The OECD Guidelines refer to the development, enhancement, maintenance, protection and exploitation (DEMPE) functions, although the development and enhancement functions will receive a higher rating
  • New guidance on a purchase of shares, followed by a restructuring
  • Public database results for economic analyses will be subject to further review
  • Simplified approach of cost + 5% is adopted for intra-group services

As some of the above concepts will be reviewed, and adopted, by other countries the new decree is a must read for TP professionals.

EY’s referenced Global Tax Alert provides additional details.

https://www.ey.com/Publication/vwLUAssets/Dutch_Finance_Secretary_publishes_new_Decree_on_application_of_the_arms-length_principle_and_OECD_Guidelines/$FILE/2018G_02953-181Gbl_TP_Netherlands%20arms-length%20principle%20and%20OECD%20guidelines.pdf

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